1. Purpose.

B. There are certain uses that may be entirely appropriate and not necessarily incompatible with the basic use permitted in the district, but not at every or any location therein or without restrictions or conditions being imposed by reason of unique problems the use of its particular location presents from a zoning standpoint, including the impact of those uses on neighboring land, and the public need for a particular use at a particular location. Such uses may be necessary or desirable to be allowed in a particular district provided that due consideration is given to their location, development, and operation. Those uses are hereby classified as Conditional Use but are a matter of discretionary judgement by the Town Board of Supervisors acting upon the recommendation of the Town Plan Commission. Conditional Use is not “as of right”. It is within the power of the Town Plan Commission and Town Board of Supervisors todetermine that there are no conditions which wouold allow a use to coexist with its neighbors. The provisions for the application, review, approval, and appeal are specified herein.

C. The Town Plan Commission, the Town Board of Supervisors and Board of Appeals shall consider the overall effect of such grant of Conditional Use on the health, general welfare, safety, and economic prosperity of the town and the immediate area in which such use would be located, including such considerations as the effect on the established character  and quality of the area, its physical appearance, existing topography, drainage features, erosion potential, vegetative cover, the prevention and control of water pollution, the location with respect to floodplains, the movement of traffic, the demand for related services and the pssible hazardous, harmful, noxious, offensive or nuisance effects resulting from the requested use. REDUNDANT. SEE UNDELETED SECTION 7 OF THE ORDINANCE.

2. Conditional Use Permit

The following process shall be used where a new Conditional Use Permit (CUP) is sought or where the holder of an existing CUP seeks modification of the existing CUP or a complainant seeks to have a CUP revoked REVOCATION SHOULD BE DELETED FROM THIS PART. Modification shall include any amendment, revision, expansion, or any change to the existing CUP. ARE AMENDMENTS TO A CUP LIMITLESS? CAN I MODIFY A CUP 10 TIMES?

    A. Applications for conditional use approval shall be made on application forms developed and approved by the Plan Commission. SECTION 13.6 REQUIRES ALL APPLICATIONS TO INCLUDE CERTAIN INFORMATION AND MATERIALS – THAT SECTION INCLUDES CUP APPLICATIONS. An application fee, as established by the Town Board of Supervisors in the Town Fee Schedule IT’S CALLED THE “SCHEDULE OF FEES FOR ZONING PERMITS” , shall be paid at the time the application is filed and shall not be refundable unless the application is withdrawn prior to consideration by the Plan Commission. ACCORDING TO THIS PHRASE AND THE NEXT, THE APPLICANT GETS A FREE “REVIEW AND RESEARCH” BY THE ZA INCLUDING A SITE INSPECTION, Any expense incurred by the Town for publishing notices prior to withdrawal of the application DELETE “FOR PUBLISHING NOTICES” SO ANY EXPENSE INCURRED BY THE TOWN CAN BE REIMBURSED will be deducted from the refund. Applications originated by the Town shall be exempt from the application fee.

C. Applications and supporting documents shall be submitted in twelve (12 copies) WHY WAS THIS REDUCED – THE CURRENT (15) WAS ADEQUATE to the Zoning Administrator who shall receive the application and conduct a review and research of the application and documents The Plan Commission and/or Zoning Administrator may require the applicant to submit other pertinent data and information necessary to properly evaluate the request. THE TPC HAS NOT YET RECEIVED A COPY OF THE APPLICATION – HOW DO THEY KNOW TO REQUIRE MORE DATA? Within thirty (30) days the Zoning Administrator shall make a preliminary inspection of the property to confirm the accuracy of the application and identify potential issues or considerations. Within ten (10) days after the completion of the review, the Zoning Administrator shall transmit the application and materials DEFINE HERE WHAT ‘MATERIALS’ ARE REQUIRED.  THE ZONING BOARD HANDBOOK SPECIFIC to the Town Plan Commission for its review and consideration.

D. The Town Plan Commission shall establish a date for a public hearing on the application to be held within thirty (30) days of receipt of the completed application and related documents. BEFORE ESTABLISHING A DATE FOR A PH, AT A REGULAR TPC MEETINGTHE TPC REVIEWS THE APPLICATION AND THE ZA ‘S REVIEW AND RESEARCH. THE TPC SHOULD VISIT THE SITE PRIOR TO THIS MEETING TO KNOW IF THEY FEEL ANY ADDITIONAL INFORMATION WILL BE REQUIRED FROM THE APPLICANT PRIOR TO SCHEDULING A PH. ONCE THE PH IS HELD, ABSOLUTELY NO ADDITIONAL OR  NEW INFORMATION IS ALLOWED FOR TPC CONSIDERATION WITHOUT AN ADDITIONAL PH. Class 2 notice shall be given prior to such hearing. GIVEN BY WHOM? MINISTERIAL DUTY.

Notice of the public hearing shall be mailed to all owners of record of lots or parcels within 300 feet of the property, except may be extended or expanded otherwise at the discretion of the Town Plan Commission. MAILED BY WHOM?? MINISTERIAL DUTY. If the property is within 1,000 feet from Lake Superior, the Wisconsin Department of Natural Resources and Ashland County Zoning Administrator shall be mailed notice. WHO IS MAILING THE NOTICE?? IS ELECTRONIC MAIL ACCEPTABLE OR IS THIS VIA 1ST CLASS  MAIL? MINESTERIAL DUTY. ASHLAND COUNTY WILL BE NOTIFIED IF THE PROPERTY IS WITHIN 300 FEET OF ANY NAVIGABLE WATER OR WATERWAY. THE DNR AND ARMY CORPS OF ENGINEERS WILL BE CONTACTED IF THE PROPERTY IS FURTHER THAN 1000 FEET FROM THE LAKE AND 300 FEET FROM ANY NAVIGABLE WATER IF WETLANDS APPEAR TO BE A CONSIDERATION IN USE/DEVELOPMENT UPON INITIAL SITE INSPECTION BY THE ZA.

E. All members of the Town Plan Commission shall personally inspect the proposed sit ebefore the Public Hearing on the matter. SHOULD BE DONE WHEN THE TPC RECEIVES THE APPLICATION BEFORE SETTING THE PH TO BE SURE THEY DO NOT FEEL MORE INFORMATION IS NECESSARY TO EVALUATE THE USE AND ITS COMPATIBILITY WITH SURROUNDING LAND/USES.

F. Unless the applicant waves the right to timely action in writing, within ten (10) days of the public hearing A SPECIAL MEETING JUST FOR THIS PERMIT APPLICATION? THE APPLICATION CAN BE REVIEWED AT THE NEXT REGULARLY SCHEDULED TPC MEETING. TPC MEMBERS ARE GOING TO HAVE TO UNDERSTAND AND COMPLY WITH THE RULES OF EXPARTE COMMUNICATION, the Town Plan Commission shall meet to consider the application and make a recommendation to the Town Board of Supervisors. THERE IS NO REASON THIS CANNOT STAY AT 30 DAYS AS IT DOES IN THE CURRENT ORDINANCE. OFTENTIMES IT HAS TAKEN 2 MEETINGS TO WEIGH PUBLIC INPUT AND MAKE A RECOMMENDATION The recommendation shall be in the form of a motion approved by a majority of the Town Plan Commission members. REDUNDANT. THE TPC OPERATES BY ROBERT’S RULES AS LISTED IN THEIR BYLAWS. If the recommendation is for approval, the motion shall include any terms or conditions recommended to be included in the Conditional Use Permit. These conditions may address the site plan timetable of development operation of the proposed use, surety requirements for the performance of required activities, , or other considerations relevant to applicable standards. NONE OF THESE WERE REQUIRED IN THE APPLICATION PROCESS BUT ABSOLUELY SHOULD BE PART OF THE APPLICATION FOR PROPER EVALUATION OF SITE SUITABILITY AND CAPATIBILITY WITH NEIGHBORING LAND USES. THE CUP MAY ALSO BE DENIED IF NO CONDITIONS COULD MAKE THE PROPOSED USE MEET THE REQUIREMENTS OF THIS SECTION. PLEASE INCLUDE THIS OPTION. The decision of the Plan Commission shall be recorded in the minutes REDUNDANT.  SEE SECTION 13.4 “MINUTES SHALL BE KEPT SHOWING ALL ACTIONS TAKEN AND SHALL BE PUBLIC RECORD. THE  GROUNDS FOR EVERY DECISION SHALL BE STATED” and shall contain a written statement of reasons specifically related to the standards of this chapter or of documents related to this chapter by each Plan Commission Member voting on the matter. ANY TPC MEMBER VOTING ON THE APPLICATION WHO IS ALSO A TB MEMBER MAY NOT VOTE ON THE APPLICATION TWICE. LEAGE OF WI MUNICIPALITIES: “A GOVERNING BODY MEMBER WHO SERVES ON THE PLAN COMMISSION IS DISQUALIED FROM PARTICIPATING IN A QUASI-JUDICIAL ZONING DECISION THAT COMES BEFORE THE GOVERNING BODY IF THE MEMBER VOTED ON THE MATTER WHEN IT WAS BEFORE THE PLAN COMMISSION.

G. Within five (5) days of a motion taking action on an application, the Commission shall notify the applicant, IS IT THE RECOMMENDATION OF THE COMMISSION NOT TO FOLLOW ATTORNEY FAUERBACH’S ADVISE TO HAVE THE ZA PERFORM MINESTERIAL DUTIES? all owners of record OWNERS OF WHAT?, and the Town Board of Supervisors of the recommendation and conditions included therein and shall post the recommendation at the designated Town posting sites. WHO IS POSTING? AGAIN, MINESTERIAL DUTIES The complete file shall be forwarded to the Town Board of Supervisors. BY WHOM? DO YOU MEAN THE ORIGINAL FILE? THE CUSTODIAN COULD NOT DO THAT. A CONDITIONAL USE PERMIT APPLICATION AND CORRESPONDING MATERIAL IS A ZONING RECORD. DO YOU MEAN THE FILE IS COPIED TO EACH MEMBER OF THE TB?

H. Within ten (10) days of notification, the Town Board of Supervisors shall act on the recommendation of the Town Plan Commission.  ANOTHER SPECIAL MEETING? TEN DAYS IS ENTIRELY TOO LITTLE. THE TB NEEDS TIME TO REVIEW THE ENTIRE FILE – INFORMATION THAT TOOK THE TPC OVER A MONTH TO COMPILE – PERFORM A SITE INSPECTION AND REVIEW  THE CONDITIONS/RECOMMENDATION/PUBLIC COMMENT.   After review of the application, recommendation and complete file, the Town Board will consider the recommendation under the standards established in this chapter and may approve, approve with modification, or deny the recommendation of the Town Plan Commission. NO TOWN BOARD MEMBER HAVING ALREADY VOTED ON THE APPLICATION AS A TPC MEMBER MAY VOTE AGAIN. LEAGUE OF WI MUNICIPALITIES; “A GOVERNING BODY MEMBER WHO SERVES ON THE PLAN COMMISSION IS DISQUALIFIED IN FROM PARTICIPATING IN A QUASIJUDICIAL DECISION THAT COMES BEFORE THE GOVERNING BODY IF THE MEMBER VOTED ON THE MATTER WHEN IT WAS BEFORE THE PLAN COMMISSION.”QUASI-JUDICIAL DECISIONS REQUIRE IMPRTIAL DECISION MAKER. The decision the Town Board shall be recorded in the minutes and shall contain a written statement of reasons specifically related to the standards of this chapter or related to this chapter by each Town Board member voting on the matter. I. Within five (5) days of the decision of the Town Board, the Town Clerk shall notify the applicant, objectors of record and owners of record of lots or parcels within 300 feet of the decision and conditions therein and shall post the decision at the designated Town posting sites. If approved by the Town Board, the Town Clerk shall prepare a legal document stating all terms and conditions approved by the Town Board to be signed by the applicant, the Town Board Chairman, and the Town Clerk. After fourty-five (45) days the Town Clerk shall then cause the document to be filed in relationship to the property at the Ashland County Register of Deeds and all conditions shall be binding upon the property as if they were specific terms of this ordinance. RECORDING A REVOKABLE PERMIT AT THE REGISTRAR OF DEEDS IS NOT A GOOD IDEA. WHO IS IN CHARGE OF UNRECORDINAG IT IF THE PERMIT IS REVOKED? WHY IS THE CLERK PERFORMING LAND-OWNER REQUIREMENTS? IT COSTS $11.00 TO RECORD A DOCUMENT AT THE REGISTER OF DEEDS. IS THE TOWN PAYING THAT FEE FOR THE APPLICANT AS WELL? AT NO OTHER TIME (CSMS, SANITARY, PERMANENT PROPERTY CHANGES ETC) DOES THE TOWN RECORD ANYTHING FOR THE APPLICANT IN REGARD TO THEIR DEED. I CALLED THE REGISTER OF DEEDS OFFICE AND THEY DO NOT RECORD CUPS ON PROPERTIES – NOT THAT SHE COULD EVER REMEMBER ANYWAY.

J. Where an approved conditional use contemplates construction or erection of buildings and structures, failure to substantially commence construction AMBIGUOUS. WHAT IS THE DEFINITION OF SUBSTATIALLY COMMENCE CONSTRUCTION? within twelve (12) months after approval of a conditional use shall render the approval void unless otherwise noted. Upon timely application WHAT IS TIMELY APPLICATION? IS THIS AN APPLICATION FORM ALSO APPROVED BY THE TPC? and for good cause AMBIGUOUS. WHAT IS THE DEFINITION OF GOOD CAUSE AND WHAT IS THE DUE PROCESS FOR DETERMINING GOOD CAUSE? the Plan Commission may grant a specified extension. I DO NOT AGREE WITH AN EXTENSION. A CUP IS A PRIVELGE NOT A RIGHT AND A DEVELOPER SHOULD HAVE TAKEN PRECAUTIONS PRIOR TO APPLYING. EXTENSIONS ARE A LAND USE MATTER COVERED BY THE LAND USE PERMIT PROCESS.

K. Where a conditional use is discontinued for thirty six (36) consecutive  months, the conditional use permit shall be rendered void and any future use shall conform to this Ordinance. NOTICE AND HEARING ARE REQUIRED TO REVOKE A CONDITIONAL USE PERMIT PER ZONING BOARD HANDBOOK. Upon timely application and for good, cause, the Plan Commission may grant a specified extension. THIS IS A SPECIAL EXCEPTION TO A SPECIAL EXCEPTION PERMIT. GOOD CAUSE IS VAGUE AND UNDEFINED. IS THERE AN APPLICATION FORM? DOES THE TPC APPROVE THE APPLICATION FORM? IS THERE A FEE?

L. Any person owning land within on half mile, any member of the Town Board of Supervisors or any Town Plan Commission Member may file a signed complaint of violation of terms and conditions of a CUP.   CONTRADICTORY TO 8.5 OF THIS ORDINANCE. THE ZA DOES NOT HAVE THIS RIGHT EVEN THOUGH THE POSITION IS AN ENFORCEMENT AGENT? Upon receipt of a reasonable complaint, THIS CERCUMVENTS DUE PROCESS. WHO DETERMINES IF THE COMPLAINT IS “REASONABLE” WITHOUT TESTIMONY FROM BOTH PARTIES?? the Town Plan Commission shall evaluate possible violations of the terms and conditions of a CUP AFTER A PUBLIC HEARING and may SHALL hold a public hearing on the matter after notice by means of a Class 1 notice. The Plan Commission may SHALL make a recommendation to the Town Board to suspend or revoke the CUP for cause. DEFINE CAUSE. THEY MIGHT ALSO RECOMMEND TO NOT SUSPEND OR REVOKE THE CUP. The Town Board shall, within ten (10) days ANOTHER SPECIAL MEETING? review the recommendation and act to approve, approve with modification, or reject the recommendation.

M. A conditional Use application which has been denied by the Town Board shall not be accepted for re-submittal within six (6) months from the date of the denial, unless there has been a significant change in the proposal or relevant conditions as determined by the Town  Plan Commission. THIS IS A COMPLETELY NEW APPLICATION – WHY IS IT NOT FOLLOWING THE SAME PROCEDURE AS A NEW PERMIT APPLICATION?  DOES THE ZA REVIEW THE APPLICATION/SITE INSPECT ETC BEFORE SENDING IT TO THE TPC AS WITH A NEW APPLICATION?

N. A decision by the Town Board in granting, denying, or revoking a conditional use may be appealed to the Zoning Board of Appeals. THIS IS ILLEGAL. THE BOA MAY NOT OVER-RULE THE GOVERNING BODY AS PROVED BY CASE LAW IN THE TOWN OF LA POINTE. SEE ALSO ZONING BOARD HANDBOOK. IF A GOVERNING BODY MAKES THE FINAL DECISION, THE ONLY APPEAL IS JUDICIARY. IF THE PLAN COMMISSION MAKES THE FINAL DECISION THE BOA MAY HEAR THE APPEAL. THEREAFTER IT IS A JUDICIAL REVIEW. Application for such appeal shall be signed by the applicant or by persons who have protest rights under 62.23(7), SORRY ABOUT TRANSCRIBING THIS STATUTE INCORRECTLY PREVIOUSLY Wis. Stats., were by the matter one of rezoning, or by any Town Board Member. Not with standing NOTWITHSTANDING IS ALL ONE WORD any other provisions of this ordinance, an appeal of a decision regarding a conditional use by the Town Board shall be filed within fifteen (15) days of the date of the Town Board action HARDSHIP. THE APPLICANT/OBJECTORS DID NOT NEED TO BE NOTIFIED OF THE DECISION UNTIL 5 DAYS AFTER THE DECISION. THIS LEAVES THEM ONLY 10 DAYS TO GET ALL THE LEGAL DOCUMENTS/PAPERWORK/FEES TOGETHER. IF THEY HAVE TO  REQUEST DOCUMENTS FROM THE TOWN RECORDS CUSTODIAN(S), THEY MAY NOT BE SUPPLIED FOR 10 DAYS ACCORDING TO OPEN RECORDS LAW LEAVING NO TIME LEFT TO OBJECT TO THE DECISION. The application for appeal fee, as established by the Town Board in the Town Fee Schedule IT IS CALLED THE “SCHEDULE OF FEES FOR ZONING PERMITS”, shall be paid by the applicant for appeal SINCE THE TOWN BOARD HAS THE RIGHT TO APPEAL -- IF A TOWN BOARD MEMBER APPEALS IS THE TOWN PAYING THE APPEAL FEE OR IS IT WAVED OR DOES THE INDIVIDUAL PAY? DIDN’T THE TOWN BOARD ALREADY HAVE THEIR RIGHT TO VOTE ON THE APPLICATION? the time of filing. Upon such filing, the entire Plan Commission and Town Board file THE ORIGINAL FILES WILL NOT BE SENT ON. along with reproduced copies of the minutes of the Town Plan Commission and Town Board shall be transmitted by the Town Clerk to the Chair of the Zoning Board of Appeals who shall call a meeting of the Board. The Board of Appeals shall deal with the matter with or without a public hearing, at its discretion. I UNDERSTAND THIS IS LANGUAGE SUGGESTED BY GENERAL CODE, BUT IT SOUNDS TURSE.  BOA IS REQUIRED TO HAVE A PH TO ‘DEAL WITH’ THE MATTER . THEIR REQUIREMENTS TO HEAR AN APPEAL IS IN SECTION  10 AND SHOULD SIMPLY BE REFERRED TO HERE. In making its determination, the Board of Appeals shall be guided and controlled by this Section and may either affirm or reverse the action of the Town Board for cause. DEFINE CAUSE - AMBIGUOUS. DELETE.